Karnataka High Court
Ambanna vs Dayanand And Anr on 25 October, 2024
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NC: 2024:KHC-K:7878
MFA No. 201576 of 2017
C/W MFA No. 201922 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 201576 OF 2017 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 201922 OF 2018
IN MFA NO.201576/2017:
BETWEEN:
1. AMBANNA
S/O BHEEMANNA MANDALE,
AGE: 53 YEARS, OCC: MASOON WORK,
NOW NIL, R/O VILLAGE MUDBIEADI,
TQ: BASAVAKLYAN,
DIST: BIDAR-584101.
...APPELLANT
Digitally signed
by RENUKA (BY SRI. BABU H METAGUDDA, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. DAYANAND
S/O MALLAYYA WADI,
AGE: MAJOR, OCC: BUSINESS & OWNER
OF BABAJ TEMPO CRUISER
BEARING NO.KA-49/M-7786,
R/O. R.B.NAGAR,
KALABURAGI,
TQ & DIST. KALABURAGI-584101.
2. THE DIVISIONAL MANAGER,
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NC: 2024:KHC-K:7878
MFA No. 201576 of 2017
C/W MFA No. 201922 of 2018
UNITED INDIA INSURANCE CO. LTD.
DR. JAWALI COMPLEX,
SUPER MARKET,
KALABURAGI-584101
...RESPONDENTS
(BY SRI. J. AUGUSTIN, ADVOCATE FOR R2;
V/O DTD: 05.12.2017 NOTICE TO R1
IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO.511/2016 ON THE FILE OF
THE II ADDL.DIST.AND SESSIONS COURT AND ADDL.MACT AT
BIDAR SITTING AT BASAVAKALYAN. B)ALLOW THIS APPEAL
AND MODIFY THE JUDGMENT AND AWARD DATED 24.03.2017
PASSED IN MVC.NO.511/2016 BY THE II ADDL.DIST AND
SESSIONS COURT AND ADDL.MACT AT BIDAR SITTING AT
BASAVAKALYAN AND ENHANCING THE COMPENSATION FROM
RS.60,000/- WITH 7 % INTEREST TO RS.6,00,000/- WITH 12%
INTEREST.
IN MFA NO. 201922 OF 2018
BETWEEN:
NARSAPPA
S/O MADEPPA,
AGE:30 YEARS,
OCC:DRIVER,
R/O FATMAPUR VILLAGE,
UNDER VILLAGE CHITGUPPA,
TQ.HUMNABAD,
DIST.BIDAR-585401.
...APPELLANT
(BY SRI. SANDEEP VIJAYKUMAR , ADVOCATE)
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NC: 2024:KHC-K:7878
MFA No. 201576 of 2017
C/W MFA No. 201922 of 2018
AND:
1. DAYANAND
S/O MALLAYYA,
AGE:29 YEARS,
OCC:BUSINESS,
R/O M.B.NAGAR, GULBARGA,
NOW RESIDING AT VILLAGE
MADARAON, TQ.HUMNABAD,
(OWNER OF VEHICLE)
BIDAR-585401.
2. M/S UNITED INDIA INSURANCE COMPANY
LIMITED, BRANCH OFFICE,
SHOP NO.1 & 2 ASIAN PLAZA,
BESIDES SYNDICATE BANK,
HUMANABAD,
REPRESENTED BY BRANCH MANAGER,
UNIED INDIA INSURANCE COMPANY LIMITED,
BRANCH OFFICE, BASVESHWAR COMPLEX,
BEHIND GANESH MAIDAN,
NEHRU STADIUM ROAD,
BIDAR-585401.
...RESPONDENTS
(BY SRI. J. AUGUSTIN, ADVOCATE FOR R2;
V/O DTD: 24.06.2021 NOTICE TO R1
IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
a) CALL FOR RECORDS IN MVC NO.596/2016 ON THE FILE IN
THE COURT OF THE PRL.DIST.AND SESSIONS JUDGE AND
PRL.MACT, BIDAR. b) TO MODIFY THE JUDGMENT AND AWARD
DATED 14.06.2018 PASSED IN MVC NO.596/2016 ON THE FILE
IN THE COURT OF THE PRL.DIST. AND SESSIONS JUDGE AND
PRL.MACT, BIDAR AND ALLOW THIS APPEAL BY ENHANCING
THE COMPENSATION AMOUNT FROM RS.1,21,511/- TO
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NC: 2024:KHC-K:7878
MFA No. 201576 of 2017
C/W MFA No. 201922 of 2018
RS.12,90,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THE TRIBUNAL.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
Captioned appeal in MFA No.201576/2017 is by the
claimant feeling aggrieved with the compensation awarded
by the Tribunal in MVC No.511/2016.
2. Heard the learned counsel for the appellant and
learned counsel for the Insurance Company.
3. The appellant filed a claim petition for having
sustained injuries in the road traffic accident dated
28.04.2016. Though, the appellant claims that he has lost
his vision to the right eye to the extent of 30% relying on
the disability certificate, the Tribunal disbelieved the
disability certificate. However, the Tribunal has proceeded
to award a global compensation of Rs.60,000/- with
NC: 2024:KHC-K:7878
interest at the rate of 7% p.a. The said judgment of
awards is under challenge.
4. On perusal of the disability certificate, this
Court is of the view that the said disability certificate
issued by the doctor cannot be looked into. Moreover, the
appellant has not examined the doctor, to substantiate the
disability suffered by him on account of the road traffic
accident. This Court has also taken note of the fact that
the appellant was aged about 60 years at the time of
accident. In fact, the Tribunal has liberally awarded a
global compensation of Rs.60,000/-. This Court is of the
view that the compensation determined in absence of the
medical evidence is slightly on the higher side. Therefore,
no indulgence is warranted in the present case on hand.
For the reasons stated supra, this appeal is liable to be
dismissed.
5. Captioned appeal in MFA No.201922/2018 is
filed by the claimant questioning the compensation
determined by the Tribunal in MVC No.596/2016.
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Respondent no.2/insurance Company has admitted its
liability. Hence, the appeal is purely on the quantum.
6. Appellant filed a claim petition for having
suffered fracture to the left lower limb in the road traffic
accident dated 28.04.2016. In absence of the income
proof, the Tribunal assessed the income of the appellant
notionally at Rs.6,000/- p.m. By taking disability at 6.66%
and applying multiplier 17, the Tribunal awarded a sum of
Rs.81,518/- towards the future loss of earning. The
appellant primarily being aggrieved by the compensation
determined by the Tribunal under the head of future loss
of earning, Pain and Sufferings and also declining to grant
any compensation under the head of loss of amenities, is
before this Court.
7. Heard learned counsel for the appellant and
learned counsel for the respondent No.2/ Insurance
Company.
8. The appellant to demonstrate that he has
permanent disability has relied on disability certificate. The
appellant has examined the doctor as PW-2. In absence of
NC: 2024:KHC-K:7878
the income proof, this Court is inclined to rely on the chart
prepared by the KSLSA, accident being of the year 2016,
the income of the appellant is notionally assessed at
Rs.8,750/-. The doctor has opined that the appellant has
got 20% disability to the left lower limb. This Court deems
if fit to take disability at 7% to the whole body. Therefore,
the compensation payable under the head of future loss of
earning is re-determined at Rs.1,24,950/-(8,750 x 12 x 17
x 7%). Since, the appellant suffered fractures, he is
entitled for a sum of Rs.25,000/- under the head of Pain
and Sufferings, Rs.30,000/- towards loss of amenities,
Rs.15,000/- towards traveling, nourishment and diet and
Rs.26,250/-(8,500 x 3) towards loss of income during laid
up period. Medical expenses awarded by the Tribunal is
retained. Hence, the appellant is entitled for the
compensation as under:
Sl. Heads Amount
No.
1. Pain and sufferings Rs.25,000/-
2. Loss of income during laid up Rs.26,250/-
period
3. Loss of amenities Rs.30,000/-
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4. Nourishment and diet Rs.15,000/-
5. Loss of future earning Rs.1,24,950/-
6. Medical expenses Rs.28,793/-
Total Rs.2,49,993/-
9. For the foregoing reasons, this Court passes the
following order:
ORDER
i. MFA No.201576/2017 is dismissed.
ii. MFA No.201922/2018 is partly allowed.
iii. The Appellant in MFA No.201922/2018 is
entitled for enhanced compensation of
Rs.1,28,482/- with interest at the rate of 6%
p.a. from the date of petition till realization.
iv. The Tribunal shall release the entire award.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
CT-SW
